Remote contracting with customers through the internet is either the current reality or the aspirational goal for many businesses. This article addresses the current state of the law governing a key link to remote contracting — hyperlinks — with the goal of advising how to successfully incorporate by reference separate contract terms using hyperlinks for
The U.S. Supreme Court has granted a petition by a healthcare company to consider whether courts must give deference to the FCC’s legal interpretation of the Telephone Consumer Protection Act.
The dispute in this case arises from an unsolicited fax transmission received by Carlton & Harris Chiropractic, which offered a free e-book. The company
The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a
The Eleventh Circuit recently held that consumers were properly compelled to arbitration, and a putative class action was properly dismissed based on an arbitration provision and class action waiver conspicuously appearing on the product’s packaging.
In Dye v. Tamko Building Products, Inc., homeowners filed a class action complaint against Tamko, alleging that the company’s
Some merchants prefer their customers to pay for their purchases with cash so they can avoid transaction fees associated with credit card purchases. Transaction fees can be either passed along to the consumer or absorbed by the merchant. To encourage payment in cash, many merchants post prices reflecting increased rates for credit
As America’s check collection system continues to move away from being paper-based, the Federal Reserve Board is updating the liability provisions of Regulation CC to reflect this reality. After receiving comments on its proposed rule from financial institutions, trade associations, clearinghouses, and others, the Board published a final rule that amends Subpart C of Regulation
On October 31, the Supreme Court heard oral argument in Frank v. Gaos (No. 17-961), a case challenging the use and limits of cy pres deals in class action lawsuits.
Cy pres disbursements, which distribute unclaimed settlement proceeds to certain designated organizations when such funds cannot be feasibly distributed to class members, have been a
A district court in Wisconsin amplified the uncertainty facing TCPA litigants in the Seventh Circuit by holding that a predictive dialer constitutes an automatic telephone dialing system (“ATDS”), even if the device does not place random or sequentially dialed numbers. In denying the defendant’s motion to dismiss, the court applied the ATDS definition
The Seventh Circuit Court of Appeals has affirmed summary judgment in a recent Fair Debt Collection Practices Act case where the plaintiff alleged that a repossession company demanded payment before she would be allowed to recover personal property left in the vehicle. The Court held that the plaintiff’s testimony did not create a
The District Court for the Middle District of Florida recently added to TCPA case law concerning the level of human intervention required to defeat claimed use of an automatic telephone dialing system, or “ATDS,” in a TCPA lawsuit. In Gaza v. Auto Glass America, LLC, Case No. 8:17-cv-01811, Doc. No. 42 (M.D.